The legislative intent of this article is to protect, promote
and preserve the public health and general welfare and to prevent
fraud and deception in the manufacture, sale, offering for sale,
exposing for sale, and possession with intent to sell, frozen
desserts and products resembling frozen desserts for human
consumption. Further, the Legislature recognizes that advances in
food technology have resulted in the development of a variety of
products of similar usage as standardized frozen desserts that are
so similar in appearance, odor and taste that they are difficult to
differentiate from frozen desserts. Therefore, this article shall
regulate these products in addition to frozen desserts, establish
definitions and standards for such foods or labeling requirements
by rules which effect their orderly marketing and ensure similar
sanitary standards for frozen desserts and imitation frozen
desserts.

Except where otherwise indicated, it is the intent of the
Legislature that this article substantially conform with the
federal regulations promulgated under the authority of the United
States secretary of health and human services in order to provide
for the movement of frozen desserts and imitation frozen desserts
in interstate and intrastate commerce with a minimum of economic
barriers.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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